Can disclosure under RTI about the ongoing enquiry impede the process?

Background

The vigilance department of Rajasthan Telecom Circle had conducted an enquiry into irregularities in the purchase of stores and based on the said enquiry, charge sheets were issued to a number of senior officers. The Defence Assistant of one of the charged officers sought information about the opinions rendered by GM (Finance), DGM (Finance) and CAOs working in different SSAs in Rajasthan Telecom Circle during the course of enquiry conducted by the Vigilance Department. The Public Information Officer (PIO) denied the information under section 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; of the RTI Act.

View of CIC

The appellant was absent during the hearing to record his point of view. The respondent submitted that that the departmental enquires were under progress and any disclosure of requested information would impede the process of ongoing enquiry. The Central Information Commission (CIC) agreed with the respondents and rejected the appeal.

Comments

The presence of the applicant during the hearing gives him an opportunity to present his case and dispel any miscommunication. An appellant should not miss the opportunity provided in the Act which may turn out to be disadvantageous in the case.

Citation: Mr. Sohan Lal Prajapat v BSNL in File No. CIC/LS/A/2011/003060